Re marriage without divorce

VISHNU (Querist) 04 November 2011 This query is : Resolved
sir

1. In an news, event my shyam being a married person agaub got married with another lady without obtaining divorce from previous wife. Police registred a case against Mr Shyam and his new illegal wife. Is case is maintainable under cr. law? case law settled in this respect

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ajay sethi (Expert) 04 November 2011
during susbistence of marriage neither husband nor wife can remarry unless divorce is taken .
can be prosecuted for bigamy which is punishable under section 494 & 495 of the Indian Penal Code but the second marriage is void being solemnized during the lifetime of first wife

Sankaranarayanan (Expert) 04 November 2011
i do agree with mr sethi

Guest (Expert) 04 November 2011
the case is maintainable. The shyam and his wife liable to be prosecuted.

Advocate M.Bhadra (Expert) 04 November 2011
This case is maintainable as per provision of sec.495 and 494 IPC,but complainant have to burden of proof.Please note two citation in this regard 1)Shantidev Vs.Kanchan 1991 Cr. LJ 660:AIR 1991 SC 816. 2)Sridhar Vs.Satyabati 2000 Cr. LJ 2926.

prabhakar singh (Expert) 04 November 2011
Barring Muslims all Indians are required to
practice monogamy as bigamy is not only void relation but also recognized as an offence.

Nadeem Qureshi (Expert) 04 November 2011
Yes both are liable to be punished

Shonee Kapoor (Expert) 04 November 2011
It is a fully maintainable case.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 04 November 2011
I have also similar views.

Sailesh Kumar Shah (Expert) 05 November 2011
I agree with common opinion of all experts.

A. A. JOSE (Expert) 05 November 2011
The query has been rightly answered by all experts and I too agree the view.

VISHNU (Querist) 06 June 2015
THANKS TO ALL EXPERTS EVEN GIVING CITATIONS

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